facilities must maintain minimum clearances of 6 feet from street furniture. so the effect of that would be that if anybody was thinking of looking for a location, they would be discouraged from going toward a yellow zone that had street furniture because the website and the code both say you have to be 6 feet from it unless -- but now, this truck is right there. and by the way, that truck can be anywhere in those four yellow zones because the code allo allows them to have two yellow zone parking spaces, and the d.p.w. allows them to move one space forward or one space back, so all four of those zones are available. and it's important about street furniture because what street furniture does, and that's that clear path of pedestrian travel, street furniture narrows the sidewalk. so this is where the d.p.w. says this is a 15-foot sidewalk. that is what the sidewalk actually looks like. you can see the street furniture and the wall. the street furniture takes up 4.5 feet, and there's 2 feet of

shy distance right here. and i think in karen's brief, she shows what -- there is -- i think it's in exhibit k, shy distance is a term used by engineers, that people avoid obstacles on the sidewalk. so when you have a 10 foot wide sidewalk, here, you have about a 6 foot wide sidewalk. here, this food truck would be in one of the narrowest parts of the sidewalk in union square, and i think karen, in my brief, and i was using the bid's numbers, union square gets 53.8 million visitors a year. that's 147,000 people a day. so to try to put more people into this small area is impossible. and it violates a mandatory code section, which says they must not be there. and now, the next code section

is this -- the permitee shall provide a minimal clear path of travel for pedestrians no less than 6 feet wide and in a.d.a. compliance 4 feet wide. well, the sidewalk is no longer 16 feet. you've got 8.5 feet of pedestrian width, which violates the code. and the -- and the d.p.w. response was the official sidewalk width on geary street is 15 feet, but you can't look at the width of the sidewalk if there's street furniture narrowing it. finally, the mandatory street requirement, 75 feet from another m.f.f., this is what the location looks like from me, and that cart -- that truck can be anywhere from 50 feet to 13 feet, depending on which yellow zone it chooses to use. and the d.p.w. says it doesn't apply to me.

it does, but i'm out of time, and if anyone wants to ask the question, i have the information to show that it's in part of this violation of this code as well. like karen said, i'm not opposed to food trucks. i've been in this location for 44 years. but rather than less congests, this location is the most. thank you. >> so mr. roth, a point of clarification on your distances. you indicated that the tree -- free furniture was 4.5 feet from the curb, and later you said that left 8.5 feet. >> because you have shy distance because that's about what -- that's why street furniture is so detrimental to pedestrian walkways. >> okay. thank you. >> thank you. >> thank you. >> we will now hear from the department. [inaudible] >> oh, i'm sorry.

the permit holder, yeah. to ru

the mayor outside our creamery, and we invited everyone in and had them try our ice cream, which they enjoyed. a few days later, the mayor

sent us a certificate of honor, which to this day hangs proudly on our wall. the mayor's chief of staff responded expeditiously with the following: thanks for reaching out, adar. sounds like a great addition to union square. we were just at the museum of ice cream the other week, and a tourist asked us where the nearest ice cream shop was and could only think of the ben and jerry's in the basement of the macy's. i'll mention it to the mayor today. he'll be so excited. what's the time frame in opening this location? union square is a major economic zone, and the addition of small businesses like yours helps to support its success. his e-mail echos the same sentiment we hear from others when we inform them of our proposed plan. when we became aware that there were some who were opposed to our plan, our strategy was not

to push against them, but instead to listen to those specific concerns, address those specific concerns, and make the appropriate accommodation. we reached out in good faith to listen to all reasonable concerns and modified our plans accordingly. we are not a generic snack vendor. we deliberately orchestrated our vehicle to add value and enhance the neighborhood of union square in conjunction with developing a business identity that can proudly act as an ambassador of san francisco. it would have been substantially easier, less stressful, less time-consuming, and come at a less financial cost if we went with a typical food truck. instead, we selected a 1978 v.w. classic van for multiple reasons. one, we wanted a particular vehicle that would be compatible with the neighborhood landscape and provide an image of classic san

francisco nostalgia. two, a vehicle that is substantially smaller than a food truck so it would not take away from the existing area. we recognize that union square is a premier retail destination, which is why the vehicle is not only being gutted and retrofitted on the inside to comply with the san francisco department of public health, but the exterior has been fully restored, giving is a showroom appearance. the premier center of san francisco should not be represented as an enclave reserved for chain stores and those are the deepest pockets. it should be inclusive of those who are capable of delivering top quality aesthetics, customer service and enhancing an individual's experience in san francisco. and i'll be going point by point on what the appellants have brought up, but just real quick since i've got a good

chunk of time here. when it comes to street furniture, it mentions -- it's in d.p.w. order 182100, and it says that the publg use and safety is consistent -- public use and safety is consistent with the theme -- you'll notice there is a consistency with what type of public use is consistent, things that are used by the public, not just necessarily a street planter. and so give you an idea of how far -- to give you an idea of how far we've come, this is what the van looked like when we first got it, that our mother would call an eyesore, and this is more what it looks like today.

and i'd be happy to answer any questions the commissioners may have. thank you. >> you still have eight minutes, by the way. >> that's fine. >> okay. >> thank you. >> thank you. we will now hear from department. you have 14 minutes. >> good evening, commissioners. i'm not sure i'll need 14 minutes, but -- >> sorry to interrupt. this is the first time without a chaperone, too. welcome. >> thank you. thanks for pointing that out. >> still going to read my speech here, though. my name's brian cohen. i'm representing public works today -- or this evening. i'll present a brief history of the mobile food facility permit application process for san

francisco's hometown creamery, permit number 17-mff-0001, and respond to a few of the appellant's comments -- arguments. the applicant applied for the mobile food facility permit, 17-mff-0001 on january 7, 2017, with a proposed location at 287 geary street, located on the south side of geary approximately 66 feet east of the powell street intersection, operating friday, saturday, and sunday from 11:00 a.m. to 11:00 p.m. public works reviewed the proposed location and it was determined to be in general compliance with the location or criteria specified in section 184.85 of article 5.8 of the public works code. on november 15, 2017, public works proceeded with the 30-day public notification persection 184.88 of the public works

code. during the 30-day notification period, public works received five public comments persection 184.88 of the public works code, the public works proceeded to schedule a hearing -- a public hearing for the -- to be held on -- which was feld on february 7 -- held on february 7, 2018. there were five testimonies at the hearing in opposition to the mobile food facility with comments ranging from -- the comments were location is not in the under served area, the food truck would increase pedestrian congestion on the sidewalk and obstruct emergency egress from the on -- affronting if a ilt is, the truck would obstruct the view of the physician -- physical storefront. following that, on february

26, 2018, the owner modified the location with d.p.w. order 187-470 to operate at 281 geary street, on -- on geary street approximately 80 linear feet east of powell street, operating friday and saturday from 6:00 p.m. to 11:00 p.m. and sunday from 11:00 a.m. to 11:00 p.m. [inaudible] >> -- and reduce the hours of operation on saturdays and sundays to after 6:00 p.m. to avoid conflict with the loading zone. based on the information presented at the time of the application and the public works hearing, the department believes it appropriately modified and conditioned the approval of permit 17-mff-001 for san francisco's hometown

creamery. to discuss a few of the comments which were also discussed in the brief, the -- i'll just say that each mobile food facility permit is at different locations, has different challenges and different and different information to consider. each one is considered on a case by case basis when determining how to proceed -- or how to condition, approve or deny a permit. in terms of the sidewalk width. sidewalk is 16 -- 15 feet -- official sidewalk width is 15 feet from the facing curb to the property line, so it meets

the minimum 6 foot requirement for path of travel and a 4 foot requirement for the customer area. in terms of the order section that discusses 6 feet from street furniture, typically, you know, some parking spaces from parking meters, and if you -- so that's why that specific section would apply to food push carts. there's another line below that for hydrants which is also included in that 6 foot clearance. it has a 7 foot clearance for hydrants. that's why we use that 7 foot clearance for hydrants to apply to food trucks instead of push carts. and instead of the 75 feet from the existing mobile food facility, as i stated in the

brief, the public works code -- i can provide the specific section here. for section 1 # 8.18(d) 1, it describes at the public works hearing, the director may consider whether the applicants proposed location is within 75 foot radius of a location previously established and currently being operated by a mobile food facility. so it can be a consideration, it's not a requirement. and that's it. so thank you. i'll be available for questions. >> i have one. may i? there was reference to a permit that was denied a block or two away with the basis kind of being saturation of restaurants.

are you familiar with that one, and could you describe the differences between that location and this with regard to that aspect. >> i think that was one of the reasons presented for reasons to deny. the other was i think it was a loading zone, and the board, i think, upheld that denial because of the congestion, and they wanted to be there during the daytime, during loading time hours. i believe that was the primary reason for denial. >> was your consideration of the restaurant -- number of restaurants in this -- near this location? >> at that time, i -- probably. i mean, it's case by case. >> okay. >> you ready? 'cause you're now in the deep side of the pool. so regarding scott wiener's legislation, how did you

determine that this is a less congested neighborhood? less congested? i personally walk on that block regularly as my wife works on the corner, and you can barely get through now. >> so i think the -- the intent of less congested, there's no -- so we follow the rule of the code or what the code says, and that's not specifically in the code, that's in the legislation under the findings for the reason for the code, so that's interpretive, and there's no real reason to say what's congested and what's not congest zbld so why is it in there. >> that's in the legislation. >> that scott wiener did. >> it's not in the legislation -- >> so you're not subject to the legislation? >> i can clarify. >> okay. >> the findings -- >> you're lucky. s.o.s. >> the findings of the ordinance which proceed the actual operative language of the code provision are not the

code, and they're interpretive, as he just said. there's a reason for the legislation, but if they don't put it in the operative section of the code, it's not legally binding on the department? >> okay. and then, could you repeat -- >> so the question is you don't treat it under the normal statutory constrictions? >> you could, if there were not issues that could not be resolved in the plain language of the text. okay. and the other question is, could you give me the hours, again, of operation? >> the approved hours were -- so saturday -- friday and saturday is 6:00 p.m. to 11:00 p.m., and sunday is 11:00 a.m. to 11:00 p.m. >> okay. so it will be interfere in any of the yellow zone activity that's currently there. >> right. >> then, separately, as we -- as you represent all the food trucks, so how does that -- how

does that work when -- like, on those particular meters, i just happen to be aware that those are two hour limits at 3.75 an hour. how do you -- how do you issue a permit for an m.f.f. if there's a limitation on the parking meter of two hours and they're there all day? >> so they're required to comply with the -- well, actually, i think -- i'll have to look at the code, but i think m.t.a. -- >> i know they extended the hours in certain areas for these meters, but they didn't extend them that long. >> three or four hours. >> okay. so that is a consideration when issuing these permits? >> well, i think the duration of -- is a window, and they can operate within that window. that's how we would view it. >> okay. >> not necessarily that they're there all day, but that's like an m.t.a. enforcement issue regarding how long they're issue occupying. >> and that was my next question. although you issue the permits, and you're not sf mta, do you

have an idea of enforcements of over time parking -- if it's a two hour meter, you're not allowed to plug the meter again, you're supposed to move your vehicle. >> i'm not familiar -- >> okay. is there any representative from sfmta here? >> i don't think so. >> okay. thank you. [inaudible] >> well, theirs doesn't apply because they're there after -- >> okay. >> are you done? >> i'm done. >> okay. you have a site plan of that entire block that shows the color of the curbs? >> i do not. sfmta does. i don't have that with me, though. >> do you know what -- i know this is the yellow, and i think there's white on the side. >> yeah. >> what about the rest of the block. >> i don't know that there's any regular street parking. i think the union square might

know better than me. but i believe it's mostly a white loading zone or a yellow loading zone. >> there's white, and then there's commercial vehicles of six wheels. so there's two yellow, two white, and then, receipt surround -- red surrounding each one, and then a portion where you're not supposed to park. >> you're surviving. >> okay. thank you. is there any public comment on that item? if you could lineup against the wall. it looks like we have a number of speakers. each speaker will have two minutes. if you could just -- go ahead sir, you can start. >> my name is bill rutland, and i represent macy's, and we care about diversity, too. >> you're a big guy. can you move that microphone up a little bit. >> can you start again? >> sorry. my name is bill rutland, and i

represent macy's. we care about diversity, and in fact we're one of the most diverse industries around. i can certainly understand why you would want to locate your food cart right there because it's absolutely one of the most congested and most served areas, and we're not against food carts. and there are probably many adequate spaces within the union square district that would work well. but macy's has been there since i was born, 1947 -- i'm sorry. i'm old. and we recently sold one building. we remodelled it. we've been dealing with an interim moratorium, and the concern is, you know, brick and mortar is kind of going away, amazon. so we have to -- when we

remodelled, and we're about to remodel in the same spot, which again will take up some of the street, the idea is to attract people. and the window space there is primary, and it's going to be difficult. now i know this nice little volkswagen, the concept, and it could work, but it appears to be difficult to get all that stuff that's necessary in there. but they're not limited to that. so if they make it, that's great, if they don't, they can send the lease to a truck that will cover up our area, and, you know, we spent a great deal of time and effort. he wants to show you the size of the truck you can see there. >> overhead, please. >> and also, there's a public parking lot right across the street, and cars are coming out all the time, and they're going to run into the -- the buses, the tour buses, and then, you've got the traffic on -- so i think there's a traffic situation there, also.

we just think there could be a better place that's not so harmful to our retail. >> thank you. >> okay. thank you. [inaudible] >> yes. >> but wouldn't -- wouldn't that truck there bring more customers? there would be people buying ice cream? >> well, wait a minute. that is unfair. we sell ice cream in the store, so -- >> but you see my point there. even if there was some lines, let's say, it wouldn't necessarily detract from the business, right? >> no, what detracts -- our real concern is the blocking of the view. and you see a nice small little volkswagen bus. >> mm-hmm. i got that part. >> which could maybe, but the

permit is for seven years. the permit is transferrable. the permit says you can put any kind of approved truck there. >> okay. i see your point. >> anybody ever tell you you look like a younger reggie jackson? >> okay. next speaker, please. >> i'm with macy's also. >> so you may speak. >> okay. thank you. >> vice president of government and public affairs with macy's, and what i want to talk about is what mr. rutland was talking about. on this photo here, not only is it a big truck, and it could be any truck that come nz there, but look and see how it's covering up the signage. what we don't see happening is a food truck bringing in additional customers to union square. like, people aren't driving across the city to come and get an ice cream, going to drive and deal with the congestion of

union square to buy an ice cream. we don't see that. it's like people that are in the area, they want ice cream, and they'll stop there. hopefully, they'll stop at the ben and jerry's that are in the macy's, but we're concerned about the size of the truck that's there. it cuts the signage down. by regulation, we can't put the signages up any higher than that, so those 14 foot trucks are really from the street level, you're not going to see what's going there there. we are leasing our area to some luxury retailers, and we're concerned that that could hamper the ability of those people that would want to move in to that spot if they're concerned their signs will be able to seen from the street level. so i'll leave it there because i know mr. rutland already spoke, but thank you for your time. >> thank you. next speaker, please. >> hi there. my name's vickie brodski.

i'm a retailer broker are collier's international. the cost of labor and rent in union square is simply too high, so irthey opening? the main reason so open in union square is for branding. a store in union square is the equivalent of a bill board. by impeding visibility to the retail spaces, you are taking away the number one reason for a store to open in union square. a healthy tenant in a shopping mall usually tries to target a 10 to 12% occupancy cost. because stores in union square are rarely profitable, tenants need to be incentivized by name brand. what you see on the street does not tell the whole story. there's a large amount of sublease and shadow space

available. it often takes over two years to lease a space in union square. stores are closing left and right. macy's is in the process of closing their men's store and moving it to their main store while remodelling to make their main store profitable. by discouraging retailers from leasing macy's union square fronti fronting spaces, you are punishing one of the longest standing tenants and their spaces when we simply cannot afford it. i just want to quickly show you two graphs. collier's closely monitors retail activity in union square. can you see that? so as you can see, this year, we've only done three transactions. two of them are renewals, only

one new tenant's come to the market. the last few years, 2014, 13, we've done, 11, 5, and we're diminishing. and our vacancy rate is 11%. >> thank you, ma'am. time. >> thank you. >> thank you. >> good evening. i'm a native san franciscan, third generation and business owner. i'm old enough to remember my mom taking me to i.magnin in union square. every visitor goes through or two union square. my question is, who does bid really represent? >> if you want to identify yourself? >> sure. my name is ruth rupino. this case is the epitome of the

mindset of certainly entitled, wealthy people, namely that a small business carries less value and contributes less to the character of the neighborhood than a luxury shop. you just heard that, and not one argument has been made this evening that was not already made zp rebutted at the -- and rebutted at the first hearing. under the guise of a nonprofit its true objective is to maximize profit for commercial landlords. this is demonstrated by their outrageous opposition for this permit. the substance of this position is of a special interest group with a hidden agenda. they do not speak for the people of san francisco. their concerns are not what's in the best interest of the city. i do appreciate bid's work in neighborhood buttefication, and i'm happy when landlord and

public interests overlap, but when they do not, it is incumbent on the city to do what's right. commissioners, the decision to grant this permit was the correct one, i strongly urge you, do not overturn this permit. >> thank you. >> thank you. next speaker, please. >> my name is leah shapiro, and i've come to love hometown creamery since it's come to san francisco. i am a jewish individual, and it's hard for me to find places to eat during passover. i don't know if you're familiar with it, but we have a very restricted diet during that time, so i walked into hometown creamery during passover, thinking that i wasn't going to

be able to find anything to eat, assuming that. i saw something on the menu that i was really excited to see. it was a traditional passover food, and i assumed that was also going to be something that i could not eat. i came to the counter, and hadi was standing there. he's always grinning there really big and warm and welcoming. i asked him if it was kosher passoverfood, he said of course it was. he told me he made it himself, which i thought was really wonderful and was very heart warming for me. so i had it? it was delicious? i've been so happy with the service every single time i've been there. and essentially, what i want to get across is i think that this place has so much heart and it's so kind and welcoming that

i think it would only help union square and downtown and only help business there. thank you. >> thank you. next speaker, please. >> good evening, board members. my name is peter dahab. i am a community college teacher, and i've been living in san francisco for almost 30 years. i think the business, what two brothers have put together is great on many levels. i hope the city does what's right and allows the permits to go through, and i thank you. >> thank you. next speaker, please. >> my name is jennifer busik, and i'm a long-term resident of san francisco. i have the privilege of having friends and family that live

all over the state and all over the world. i spend more time in union square than i probably like, but when i'm there, i think it would be such a benefit to the neighborhood to have something that is firmly rooted here that is a small business. pinkberry is a chain. they're based in southern california. ben and jerry's is what, vermont, somewhere back east? i would love to be able to be proud of something there that is rooted in the community, and i think it's a great spot directly in the heart of union square to have this small business and to give -- well, for this board to champion a small business instead of all the national retailers that are there. that's all i have to say. thank you. >> thank you. next speaker, please. >> good evening. my name is noah belkin. i am a lifelong resident, and i've been a loyal customer to san francisco hometown chromery

since they opened. my mom and i used to frequent there almost every weekend, and when she developed terminal cancer two years ago, she lost her taste from most foods, but one of her joys was trying the interesting flavors at hometown creamery. i later learned the owner comes up with these really cool flavors from his travels all around the world. i got to learn more about the owners and their background, they're two brothers, they worked their way to school. they're the epitome of the american dream, start your own business. even though their fan base was grown, they're still extremely approachable. the work they do in the community is seen with the local charities, the schools,

the food they give at the food bank, and they're just really one of the socially and environmentally conscious businesses that i've seen, and they sell one of the happiest, most successful things, ice cream, which everyone loves. that's why i'm supporting them, and i feel a great pride in sharing their story and product with people. when i heard that they spend months restoring this classic v.w. ice cream truck and are planning on opening in union square, i was thrilled at were my colleagues who work downtown, and after aity with aing eagerly -- after awaiting eagerly for them to pop up, i learned they were having to appeal after they were granted their permits. i was shocked, couldn't imagine who would do such a thing and why, and when i looked into why it was being blocked, it's flat out hypocrisy and flat out abuse of power. it's another way for big

business to stiefl competition and try to squash the little guy. >> sir, your time is up. >> sir, your time is up. >> sir, your time is up. okay. next speaker, please. >> my name is adam gold. i live in san francisco. i -- for whatever reason, i have family in about ten or 12 states, i have family abroad. when i want to show them the san francisco that i know and love as a local, i take them to the sunset, i take them to the mission, i take them to the haight, the richmond. i almost never take them to union square or downtown. even though that's a place where we have a lot of tourists touring. it's a place where there's

multinational corporations. it is a really interesting opportunity that we have to allow a local business to move into downtown, bring some of the loving culture that you've heard people talk about, more people will talk about, and share that with tourists that are coming to our city to city what san francisco is all about. and i don't think that san francisco's all about multinational corporations. i think we have a great culture here, and i don't think it's been accurately portrayed by what's in union square today. it's great that this permit was approved the first time, so i hope you guys will uphold it. as far as macy's, it's interesting that it's ben and jerry's therethere; but ben an

jerry's is a multinational corporation. >> thank you. next speaker, please. >> san francisco hometown creamery is a place that i go often, like everyone else is saying, i think it represents the best of san francisco. not only is the ice cream incredible, the ingredients the owners uses are sourced locally. it's the only ice cream store that makes its base from scratch. even the decor speaks to our city as the walls are lined with stunning artwork representing all the different districts of the city. what's most personal to me, it is a minority owned business and embodies the

entrepreneurial success of san francisco. i was thrilled to hear they're opening up a food truck or van. it's such an accessible location, where there aren't any ice cream stores, like really, artistan ice cream stores. i'm disappointed by the opposition. it's precisely in union square, lined with big corporate retail stores where we need the vibrancy of small businesses represented, so i ask that you maintain the support for hometown creamery and deny the appeal today. thank you so much. >> thank you. next speaker. >> hello. my name's lily salary saldivar. i -- lily saldivar.

as a member of the community for eight years, i believe it's an establishment worthy of giving life to san francisco. it's a staple of our district and should be a staple of a center for our tourists to enjoy. i recently moved to the east bay, and i still travel to hometown creamery because it's pretty much the only place he go to get -- i go to get sorbet. i believe that many tourists who visit the downtown area deserve a great experience in excellent ice cream. the statements made by the appellants is selfish and a lack of empathy for hard working sf residents who have earned a place in our downtown center. they say it's not the right location. i don't -- where would be a right location? it's -- it's a volkswagen. it's not as big as a food truck.

honestly, it's a dessert truck more than a food truck. they mention these big corporations, restaurants and caves that have no sf -- cafes that have no s.f. heart, and they shouldn't be allowed because they're not in the right location. they're not asking to be there all the time. it's only friday through sunday, so i think you should take away the -- the thing that you guys gave them, so yeah, there you go, okay. thank you. >> thank you. >> good job. >> hello. my name's kimberly, and i am a bay area native and currently live in the outer richmond district. i'm here to speak in support of hometown creamery. we are customers there, and eat there often. they have a very fun and very san francisco feel to it.

i think having a hometown creamery ice cream truck in union square is a great idea. it supports our local business people and adds a local flavor to union square. i love bringing my two sons and out of town visitors to union square. a family friendly colorfully decorated ice cream truck owned by local business people is just what union square needs more of. thank you. >> thank you. next speaker, please. >> hi. my name is natalie barclay. i'm a san francisco native. when i think of san francisco, i think of local businesses. we don't think of big corporations. that's not the heart of our city, and i think that we're starting to lose sight of that, and we need to really get back to those local businesses and make sure that they still have

a place. san francisco's also an incredible food city. we value high quality product, and we want that experience as well as the community, and that's exactly what hometown creamery gives you. it's not just ice cream at a good quality, but it's also a community that exists in the sunset. but if we could create that community downtown, you not only would have tourists getting a feel of what san francisco is, but you would bring locals. locals don't fiebd that community downtown. downtown is not for locals anymore, and i feel like they create the sense of community that everyone can feel that they belong to. and that's something that i think is very san franciscan. we all just want to be together. so i think that this would be a very, very positive thing for san francisco, and for the downtown area, i don't see how it can detract at all. thank you. >> thank you.

next speaker. >> hi. my name is june jackson, and i've been a resident of the inner sunset for 16 years. i want to thank you in advance for listening to this. san francisco is a city famous for being ahead of its curve. local and tourist -- locals and tourists alike are drawn to a city center that is both vibrant and yes, a little bit quirky. in an age when so many city centers have become interchangeable landscapes of high and middle end chain stores, hotels, and restaurants, san francisco has always distinguished itself by offering something special and surprising. hometown creamery's ice cream van is exactly what union square needs right now. nobody, tourists or local is

going to sclam to friends or post on social -- sclam exclaim or post on social media about visiting macy's, but they will about ice cream. i urge you to uphold the director's decision to allow the creamery van to operate in union square. thank you. >> thank you. >> hello. my name is steven brett. i have a real estate management company in san francisco. i've had it for 30 years. my company manages the building on the corner of thank you.

>> my name is ismara. i'm a midwife at san francisco general hospital. i'm also a clinical assistant professor at the university of california san francisco. >> i'm sorry. can you speak more into the mic. >> sorry. and i'm a proud latina and african american mother. for the last seven years my time and energy has been invested in san francisco while pursuing my bachelor's degree at u.s.f. and my nursing degree at ucsf, i went to school

during the day and works during the evening. hometown creamery became a study location for me. during my 11 year old's daughter's recent science trip to the creamery, they shared their background with the kids. we learned they were people of color, were raised by a single parent and pursued a higher education despite all odds. they, too, have been working hard to bring their dreams to reality. i sat there with great pride. i was grateful to learn about a business we could identify with. having gentrification can make many minorities such as myself feel out of place and disconnected. the creamery has been a cultural hub with its unique san francisco vibe. as a woman of color with

limited resores for many -- resources for many years i have kwk quite -- many challenges people of color face while over coming institutionalized barriers related to race. hearing the opposition's case and knowing what i know that the structural barriers that this business has over come, i cannot help but feel there is a strong implicit bias existing here. >> i'm sorry, ma'am, your time is up. you can finish that last -- >> i am passionately in support of breaking down these barriers. let's have a place in union square where people like me can feel proud to support. >> thank you.

thank you. >> hi. my name's danielle smith. i am a resident of the inner sunset, and i've been a public schoolteacher for the past 30 years. hometown creamery is an incredibly conscious place in terms of the community. as part of the public schools career and community -- excuse me college and career readiness program, the owners of hometown creamery have offered to either come to the classroom and talk about how to create a small business and even have the kids in. and i know that they also work with public schools in having tours of the creamery, and with the -- excuse me. it's been a long day. >> and with the korean college readiness program. it would be a shame if -- i work mainly with disen franchised youth from all over, but it would be a shame if they

were not able to get this permit and expand their business just because of big business. they're a wonderful -- one more thing i wanted to add it in the regards to the aesthetics, there are places in the inner sunset that's beautiful, and i know that the van would be, as well, so thank you. >> thank you. next speaker, please. >> i am not only a resident, i'm homeowner. i also work downtown. and i am not going to revisit everything that everybody said about how great it is. i am solely just going to sort of say i'm not really sure that i understand the objections to the permit that was issued? if the planning department has said that the space is okay, then, my question would be to turn to these people and say if the community has come, and waited all evening to hear this, perhaps the better plan

of action would be to work with the community to bring people down because it sounds to me like maybe that's the problem? 'cause we'd like to work with you, we'd like to go to union square. i'm sorry to turn my back to. >> please speak into the microphone, ma'am. we need your comments into the report. >> maybe there in is the difficulty, and that's all i have to say, what everyone has said. >> thank you. any other public comment? seeing on, we'll move onto rebuttal. we'll hear from the representatives from the yunio square business improvement district. >> so i'm responding to all the public comment, is that what i'm responding to? >> you have three minutes to respond to anything. >> anything? yeah. i mean, you know, certainly people love the ice cream. i tried the ice cream last

week. it's have very good. the -- it's very good. in fact if that's the truck they're going to use, it's charming. people like it. we're not against food trucks. we tried to work with the applicant. we tried to work with other locations within union square that aren't so busy. we tried to suggest that they work with off the grid to join our lunch in the main lane that's starting up this july. winter walk, and just -- back to the work, we're picking up needles and stuff, and this is what our day looks like. we're challenged with the central subway. you know, we're just trying to make things easier. i think it would be a good addition to union square, not in this particular location. it's going to be a headache to

try to manage it. >> thank you. mr. roth? you have three minutes. >> okay. thank you. well, i'd like to just get back to basics and remember why we're here. this ordinance came about in 2013. the 2010 ordinance was under attack because the state of california had preempted all the pedestrian safety issues and people were threatening to sue the city about the mobile food ordinance because of congestion on sidewalks. so when you read the legislative intent, it outlines what the ordinance is trying to accomplish. it's trying to accomplish complying with the state of california so the ordinance can't be challenged. so if you look at this picture, this is where you're putting

the food truck. i know it probably has some glare, but this area right here, this is exactly where the food truck would be. and miss wilson -- commissioner wilson, we always want to attract people to union square. but -- but to attract people to congest the sidewalk when my fear is this ordinance is going to come at it -- if you grant a food truck in this heavily congested of an area, how will anyone decline another application? we're vulnerable to the state of california where somebody is suing for that to say let's get rid of this whole thing. i've been doing this 44 years. i called and talked to adar, and said let me help you. i'll get you involved in all the union square events. we'll work together. this is not the right place to be, and there's one last thing to remember. these permits are 100% transferrable. i own some, i know. when i grant this, and if you look at what the d.p.w. said in

response, here it is right here. it says, the public works -- sorry. public works does not control the menu, and it does not control the size of the truck. and like a marriage, you cannot assume domestic tranquillity. they can go bankrupt, or they can sell it to something else. if that concept truck they put together is not approved, you can have a wall in front of these businesses and a lot more fo food -- foot traffic, and that makes everybody vulnerable. i've been at that location for 44 years. this is not a bunch of bad people we're black hats, it's a community of hard working people who put their time and money and their lives into this place. and i really, really hope that you will overturn this and give another chance to work with them so we can all get together

and find a place that works for everyone. thank you. >> mr. roth. >> yes. >> does your facility there conform to the current code? >> okay. two things. number one, when i got my permit in 1974, the ordinance said it shall be unlawful to peddle in san francisco without a license to do so. that was the ordinance. we didn't have to deal with this. so i've been grandfathered for 40 years. >> i didn't say that. >> do i comply? yes, i do and the reason i conform is because i'm by the entrance to macy's because i have a 25 foot wide sidewalk. during the holidays, i work with macy's. i have different sized carts, i come out with different size cart, tents, sometimes i don't

come out at all. >> when was that photo? >> this was the weekend of christmas, like, a saturday night at christmas. you bet. yes? >> i have a question, as well. so since you've been there 44 years, there used to be forests that were on the corners, and i know that they -- they didn't voluntarily leave. do you remember why -- i ask can ask the department that after. >> there were two florists. >> there was one in front of i.magnin, and one in front of neiman marcus. >> the one in front of neiman marcus, they died and they went out of business. but the other one, i don't know if they just picked them up and put them on geary. >> the last thing was for reference, do you remember the old vietnam vet that used